Book contents
- The Cambridge Handbook of Psychology and Legal Decision-Making
- Cambridge Handbooks in Psychology
- The Cambridge Handbook of Psychology and Legal Decision-Making
- Copyright page
- Dedication
- Contents
- Figures
- Tables
- Editors
- Contributors
- Part I Introduction Chapters
- 1 A Modern Approach to the Psychology of Legal Decision-Making
- 2 “I Hope the Final Judgment’s Fair”
- 3 Diversity and Bias in Legal Decision-Making
- 4 Judicial Decision-Making
- Part II Pretrial Phase Decision-Making
- Part III Trial Phase Decision-Making
- Part IV Postconviction Phase Decisions
- Part V Other Legal Decision-Making
- Part VI Perspectives from the Field
- Part VII Conclusion
- Index
- References
4 - Judicial Decision-Making
from Part I - Introduction Chapters
Published online by Cambridge University Press: 22 February 2024
- The Cambridge Handbook of Psychology and Legal Decision-Making
- Cambridge Handbooks in Psychology
- The Cambridge Handbook of Psychology and Legal Decision-Making
- Copyright page
- Dedication
- Contents
- Figures
- Tables
- Editors
- Contributors
- Part I Introduction Chapters
- 1 A Modern Approach to the Psychology of Legal Decision-Making
- 2 “I Hope the Final Judgment’s Fair”
- 3 Diversity and Bias in Legal Decision-Making
- 4 Judicial Decision-Making
- Part II Pretrial Phase Decision-Making
- Part III Trial Phase Decision-Making
- Part IV Postconviction Phase Decisions
- Part V Other Legal Decision-Making
- Part VI Perspectives from the Field
- Part VII Conclusion
- Index
- References
Summary
The strength of the judiciary depends upon fair and impartial jurists who can make complex decisions while minimizing bias. This chapter provides an overview of how psychological processes can affect judicial decision-making at every stage of the judicial process, including decisions at pretrial hearings related to dispositive motions (e.g., motions to dismiss). The chapter begins with an overview of how judges might use heuristics (cognitive “shortcuts”) when making decisions, followed by discussions of how emotions, inferences, and implicit associations each can affect judicial decision-making. The chapter concludes with recommendations to expand judicial education on issues related to psychological science. For example, although many judicial education courses address implicit bias, research finds that the limited effectiveness and duration of these trainings warrant further study. Overall, we urge judicial educators to familiarize themselves with psychological research, expand course content, and offer an evidence-based educational approach that allows judges to apply lessons from psychology in their chambers and courtrooms.
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- Publisher: Cambridge University PressPrint publication year: 2024